CREW files amicus brief on behalf of former secretaries of state on election EO

CREW filed an amicus brief on behalf of a bipartisan group of four former secretaries of state in a consolidated case challenging President Trump’s executive order attempting to exert federal control over elections. In granting CREW leave to file the brief, the court said “amici offer a unique perspective not presented by the parties. And their proposed brief is relevant and helpful.” On April 24, the court granted a partial injunction in the case, barring the president from unilaterally changing the federal voter registration form to require providing documentary proof of citizenship. The form already requires that all registrants confirm that they are citizens. 

The amicus brief explains that the Constitution establishes that states play an irreplaceable and primary role in election regulation and administration—and that the president has no standalone power to regulate and administer elections. Therefore, Trump’s executive order asserting presidential authority over elections violates the key democratic principle of the separation of powers laid out in the Constitution.

Trump’s executive order oversteps his authority by ordering the Election Assistance Commission to unilaterally add new requirements to the federal voter registration form, taking federal control over some voter roll list maintenance, requiring the review and potential decertification of certain voting systems and prohibiting states from processing absentee and mail-in ballots received after Election Day. 

As the brief states: “Although Amici may not always have agreed about what constitute the best election policies, Amici nonetheless share a common commitment to ensuring that elections are free and fair, and Amici are unified in their understanding of states’ pivotal role in enacting and executing election laws, as set forth in the U.S. Constitution.” The court agreed with Amici’s arguments, concluding that the “Constitution entrusts Congress and the States—not the President—with the authority to regulate federal elections.”